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Intellectual Property and Copyright Infringement

Intellectual Property and Copyright Infringement: Intellectual property theft includes alleged theft of valuable trade secrets, or registered ideas. In many circumstances the calculations of losses is intangible; however, ICS can help you identify, define, and calculate your losses and begin an in-depth investigation to resolve the crime We will work with you closely to minimize additional loss and move forward to seek resolution of the alleged theft.

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Intellectual Property Theft Items Include the Theft of:
  • Unregistered Trade Secrets, Confidential Proposals & Work Papers, Technical Notes
    • A trade secret is any business or technical information, including such information as formulas, patterns, programs, devices, compilations of information, methods, or techniques that have commercial value because the information is not know by the public
    • An infringer may be liable for civil damages including reasonable royalties, injunctions, and attorney fees.

  • Copyrighted Materials and Registered Works:
    • Grants the authors exclusive rights over their literary works, graphs, pictures, sculptures, architectural works, computer programs, sound recordings, dramatic works, videos, films, and other creative works.
    • Must be in some tangible form of expression such as a writing, recording, or picture
    • The "idea" expressed in a copyrighted work is not protected.
    • Copyrights protect against reproduction, distribution, public display, public performance, and derivitative works based on the original.
    • If a person has paid the author to do the work then the work becomes a "work for hire" and ceases to be the property of the author and ownership is transferred to the person who hired the author.
    • Copyrights last throughout the lifetime of the author, plus 70 years. "Work for hire" or anonymous copyrights last 95 years from the first publication, or 120 years from their creation, which ever occurs first.
    • An infringer may be liable for civil damages including reasonable royalties, injunctions, and attorney fees.
    • The trademark owner may lose their right to damages if the trademark lacks notice of registration (such as ®)

  • Patented Items
    • Prevents others from making, using, selling or offering to sell an invention within the United States for a certain period of time.
    • Patents usually last 20 years
    • No patent exists until a government office issues it.
    • An infringer may be liable for civil damages including reasonable royalties, injunctions, and attorney fees.

  • Trademark Violations, Trade names or Partials
    • A trademark may be any word, group of words, logo, symbol, numbers, colors, sounds, scents, or shape of packaging that is used to identify and distinguish a producer’s goods or services.
    • A registered trademark may not be reproduced or counterfeited in connection with any sale, offer to sale, distribution, or advertising.
    • Anyone who infringes on a trademark may face a court injunction, be forced to turn over any profits from the infringement, pay damages, pay attorney fees, and treble damages
    • Unregistered trademarks may be indicated with a "TM" from trademarks or a "SM" for service marks.
  • Strategic Business Planning
  • Gray Market Distributions, Illegal Distributions
  • Counterfeiting, Unauthorized Product Diversions
Intellectual Property Criminals are often well-funded, extremely advanced, and willing; most companies and individuals cannot deal with this combination alone. With the global reach of ICS, our most elite members are assigned to investigate Intellectual Property Theft and Copyright Infringement.

For More Detailed Information on Patents, Copyrights, Trade Secrets, and Trademarks please visit:
http://www.ncsu.edu/legal/legal_topics/intell_prop.php
http://www.uspto.gov



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